Obesity is a long-term complex condition

Obesity is a long-term complex condition Obesity is a long-term complex condition which has become a worry for many people in our culture nowadays and it is important to obtain and realizing of what obesity is. According to Wlardlow (Journal of the Hela, 2000, vol. 7) obesity is defined as a condition characterized by excess body fat and also defined as being 20% above the average weight. Generally increase consumption of foods high in fats and sugars may lead to obesity. According to research, we all have and require fat tissue in our bodies. When there is too much body fat, the result is obesity (The World Book Multimedia Encyclopedia CD-ROM, 1996). Classification of obesity is commonly based on Body Mass Index (BMI) which adjusts body weight for height is associated with the total body fat content in adults. A BMI of 25-29.9 is classified as overweight while a BMI of 30 or greater is considered obese. The energy needed by the human body is divided into two. Primary energy is needed by the human body for non-voluntary act ivities, such as heart rate, breathing, bowel movements, and others and secondary energy activity and movement is caused by human use during the day walking, swimming and movement in general. The World Health Organization, the National Institute of Health. Its over- all prevalence has increased by 33% in the last decade (Merck, 2003, pp. 685-687). Researchers have found that obesity is directly related to an increase in the mortality rate (Journal of American Medical Assoc., 2003, vol. 289, 2, pp.187-193). Obesity tends to run throughout ones life, meaning that its presence at any age will increase the risk of the condition at later ages. This paper discussed the causes and effects of obesity.  Obesity can contribute to many adverse health outcomes which increase ones risk of developing high blood pressure, diabetes, heart diseases, stroke, gallbladder disease, cancers, pulmonary disease, bone joint disorders and early death( Rosemary., para.2 ).Each plays an important role so many people are overweight or obese nowadays because of many factors that influence being obese or overweight which include behavior, environment , eating habits and lifestyle changes all plays an significant role in obesity. According to the American Medical Association, being obese means that 30% of your ideal body weight is constituted by fat (Atkinson, 1999). Obesity is the worlds biggest health epidemic at the moment! Preventing obesity is one of the main steps that we need to focus on. Causes of Obesity To begin with, there are many causes that lead people to become obese. First of all, many people get obese because of heredity. For example, if the person has a strong family history of obesity, he will have the tendency to be obese more than the other people with no family history. Some people are prone to gain weight and store fat due to increase in genetic. Although not everyone with this tendency will become obese, some persons without genetic tendency do become obese. This is due to our genes that decides the level of metabolism. Wardlaw, Insel and Seyler suggest that genetic background accounts for about 70% of weight differences between people. The genetic and hormonal problems lead people to get higher weight than they should as it tends to run in families. The sedentary life style of some people also plays a role in being obese. Technology has made labor and timesaving products such as, cars, computers and TVs with remote controls devices reduces  the overall amount of energy used in their daily lives (NIDDK, 2001). Employers do not give efforts for the physical activities and most hold jobs that involve minimal physical labor especially at work places. If people do not practice enough exercise due to the use of cars instead of walking. For example, lack of movement due to demand for watching TV and playing video games rather than engaged in playing different sports. Besides, eating habits include the spreading of the fast food which contain high amount of fat and calories and changing environment has widened food options and eating habits. for example, Shelves in the supermarkets are stocked with a greater selection of foods, soft drinks, fast food restaurants and pre-packaged foods are more accessible today. Although such foods are fast and convenient they tend to be very high in fat and calories contributing to an excess caloric intake, causing weight gain (National Institute of Digestive, Diabetes and Kidney Disease, 2001). So people are not aware of the quality and quantity of the food, they will certainly end up in raising their weight. The psychological condition has great influences on some people to become obese especially those who suffer from certain emotional or stress problems, because their feelings influence their eating habits, causing them to overeat.

Stylistic Analysis: “To—” by Peter Shelley

Language through Poetry: A Stylistic Analysis of Percy Bysshe Shelley’s â€Å"To —â€Å" A Stylistic Paper Presented to The Faculty of the Department of English Institute of Arts and Sciences Far Eastern University Manila In Partial Fulfillment Of the Requirement for the Course Eng C 31—Introduction to Stylistics Osabel, Julla C. Panis, Kimberly Nicole S. October, 2012 I. Reaction and it’s effects on you II. Summary of the Text Percy Bysshe Shelley’s â€Å"To —â€Å" is one of his lyrical poetry—is a poem used to express feelings—ideally of the Romantic Era.In his poem, the poem is about an unrequited love—a term that is used when one person has strong feelings towards another that is not reciprocated. Or in other words, someone is in love with someone else who is not interested. It is also about realistic and complicated love, which means that the persona of the poem wants to express his emotions towards the addresse e but he feared to show because in reality, he knew that it is impossible for them to be together, thus, this depicts the persona’s complicated feelings or emotions and the reality of their relationship to each other.The poem illustrates farewell and goodluck to the addressee. To summarize the poem, it is about a man who is in love with someone else or he secretly in love with, who is not interested. He wants to express his feelings to the addressee but he feared to express it, due to his complicated emotions, he chose not to say his emotions because in reality, the addressee will not love him back. Instead of obvious insisting his feelings towards the addressee, the man shows farewell and goodluck to the person he loved most. III. Stylistic AnalysisA. Stylistic Tools Phonology Phonology is the study of how sounds are organized and used in natural languages. It has a phonological system of a language includes, an inventory of sounds and their features, and rules which specify how sounds interact with each other. In other words, Phonology is just one of several aspects of language. It is related to other aspects such as phonetics, morphology, syntax, and pragmatics (Sil, 2004). Hence, in Stylistic analysis, Phonology is one of the suited units of analysis in poetry.Basic Sound Patterns Sound devices are resources used by poets to express and emphasize the meaning or experience of poetry through the skilful use of sound. After all, poets are trying to use a focused blend of sound and imagery to form an emotional response. The words and their order should evoke images, and the words themselves have sounds, which can reinforce or otherwise clarify those images. Sound patterns have different elements that show the nature of poetry, and these are the following: 1. Alliteration C-V-CAlliteration is the repetition of the same letter or sounds at the beginning of two or more words immediately succeeding each other, or at short intervals. e. g Dewdrops dancing on the drifting dust made for a dreary day. 2. Assonance C-V-C Assonance is the repetition of vowel sounds in nearby words. It is used to reinforce the meanings of words or to set the mood. e. g Try to light the fire. 3. Consonance C-V-C Consonance is the repetition of consonant sounds by not vowel sounds. e. g Some mammals are clammy. 4. Reverse Rhyme C-V-CReverse Rhyme it is the repetition of consonant and vowel sounds which happen at the beginning. e. g brainless, bracelet, brakeless 5. Pararhyme C-V-C Pararhyme is the repetition of of first and the last consonant sounds. e. g bat and brat 6. Rhyme C-V-C Rhyme is the repetition of similar sounds. In poetry, the most common kind of rhyme is the end rhyme, which occurs at the end of two or more lines. It is usually identified with lower case letters, and a new letter is used to identify each new end sound. e. g I saw a fairy in the wood, He was dressed all in green. He drew his sword while I just stood,And realized I'd been seen. 7. Repetition is anything that is repeated. e. g â€Å"goodnight goodnight, parting time is such a sweet sorrow that I shall say goodnight till it be morrow† — Romeo and Juliet, W. Shakespeare These sounds or elements of sounds are used by the poets to convey the meaning of the text. In this procedure, the poet or author strengthen the vividness of the imagery of the poem to discern its effects or significance of the text. Sound Symbolism Sound symbolism is the study of the direct relationship between the sound of an utterance and its meaning (Hinton, 1999).Sound symbolism is persistent among the world’s languages. Furthermore, sound symbolism plays a significant role in language, especially at the affective level. Essential to the study of cognitive poetics is the concept of sound symbolism, which has been defined differently by different authors but here refers to cases in which ‘a sound unit such as a phoneme, syllable, feature, or tone is said to go beyon d its linguistic function as a contrastive, non-meaning-bearing unit, to directly express some kind of meaning’ (Nuckolls,1999).Jespersen (1922) made the claims that sounds that are suggestive of meaning (which he claims happens through association, not because a sound intrinsically has a specific meaning) ‘makes words more fit to survive and give them considerable help in their struggle for existence’. Mithun (1982) notes that, in many languages, ‘words for noises, animal cries, mental states, physical states, and actions, termed by Fudge ‘expressive vocabulary,’ seem particularly resistant to regular phonetic change’.She goes on to give the specific example of Iroquoian languages, where expressive terms are ‘characterized by special syntactic, morphological, and phonological patterns’. Expressive vocabulary and taboo words contain sounds that do not occur elsewhere. She also claims that expressive vocabulary in Iroquoian l anguages is imitative and therefore resistant to phonological change. While she does not make specific claims about certain sounds being related to certain meanings, her data suggest that phonemes do have a relationship to meaning in Iroquoian ideophones, but that relationship may be imitative rather than iconic or symbolic.The significance of sound, sound patterns and sound symbolism is that in terms of writing texts, particularly poetry, it helps the poets or writers convey the message of the text in implicit manner. This may add to the aesthetic effects of writing poetry while on the readers, the advantage is that, it helps them to understand, appreciate and feel the emotions of the text that the poet is trying to convey. Every sounds of the text has its meaning, whether it describe or gives emphasis to the text. B. Stylistic Tool/ Discussion of coding In this short phonological analysis it begins with the analysis of the sound pattern of the poem.In each sound pattern, it has sh aded area where it shows the comprehensibility of the analysis after that, the researchers tabulated it to find the frequency and percentage form the least number of sound pattern used up to the most number of sound pattern used. Alliteration, Assonance, Consonance, Rhyme and Repetition To —- BY PERCY BYSSHE SHELLEY One word is too often profaned For me to profane it, One feeling too falsely disdained For thee to disdain it; One hope is too like despair For prudence to smother, And pity from thee more dear Than that from another. I can give not what men call love,But wilt thou accept not The worship the heart lifts above And the Heavens reject not,— The desire of the moth for the star, Of the night for the morrow, The devotion to something afar From the sphere of our sorrow? As can be seen in the text, the most number of shaded sound patterns belongs to Rhyme. As rhyme pattering is concerned, two types of rhyme to be distinguished. First, in the first stanza of the tex t, the shaded rhyming words are rhyme has several syllables and the stressed rhyming syllable, which means that this type of rhyme is Feminine (Latham, 2010).While on the second stanza, same as in first stanza of the text, the shaded rhyming words are in feminine type expect from the first line of the 2nd stanza. (â€Å"love†), thus, it shows the masculine rhyme—single stressed syllable (Costa,2000). The least number of sound pattern used in the text is the Consonance. The sound /t/ occur once in the first and second line of the 2nd stanza. In this two lines practically all the consonants are plosives. To them is generally associated a sound of harshness and hardness (Costa,2000). The use of one masculine rhyme in text depicts the persona of the poem which is man†, while the remaining feminine rhymes depict the addressee, which is â€Å"woman†. The connection of those two types of rhymes that were distinguished in the text is that, the â€Å"man†, w ho is in love with the addressee (woman), but the addressee know nothing about the man’s feeling towards her. The use of one consonance in the text, illustrates the volume of hardness of the feelings to the persona to express is least. Therefore, it shows the persona’s attitude which is fearful of expressing his thoughts to the addressee and due to this, it is explained suitable for the theme of the poem—unrequited love.Figure 1. Sound Pattern Percentage Sound Pattern| Frequency| Percentage (%)| Consonance| 1| 5| Assonance| 3| 16| Alliteration| 4| 21| Repetition| 4| 21| Rhyme| 7| 37| TOTAL| 19| 100| As revealed by the number of percentage of the sound pattern used in the poem, Rhyme has the most number of percentages. This shows that rhymed stanzas are used in lyrical poetry. Traditionally, in romantic era, lyrical poetry use rhymed stanzas to convey or express strong feelings thus, the significant use of the it is that, it reveals the fusion of sound and sense in the poem.

Powerful Techniques for Sample College Research Paper You Can Begin to Use Today

Powerful Techniques for Sample College Research Paper You Can Begin to Use Today Knowing what you're attempting to achieve, and committing it to paper, can be hard. Don't state something you've got no ways of proving! There are particular things you want to look after. The hardest thing is getting an acceptable topic for the exact same. Ruthless Sample College Research Paper Strategies Exploited Unfortunately, a large number of people can't control the procedure for eating and such problems as obesity often rise. Make the reader believe the sample paper has the handy info on the appropriate problem and matters term the growth of science. If you intend to compose a research paper on obesity, attempt to study this issue from all potential sides, because the issue is quite pressing in many developed countries of earth and requires effective solution. 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Factors That Influence The Model Of Reception That Shapes...

Childress and Freidkin named three factors of their model of reception that shapes the meaning of cultural objects for a particular audience and or individual. In the class lecture it is stated that, â€Å"the meaning of cultural objects is not simply formed by social context or producers†¦ it is created, redefined, distributed, and interpreted by a wide range of actors† (Vila-Henniger, 10/31). Part of what creates the meaning comes from the audience and their interpretations, which can be completely different to what the producer intended it to mean. One of factors that is mention is sociodemographic predisposition. It is a common framework that â€Å"demographic social positions not only influence cultural participation but also affect interpretations of texts themselves† (Childress and Friedkin 2012: 48). What this means is that people are biased because their positions in societies and their backgrounds plays a role in how they interpret and view things. Th ese include their gender, race, economic class, etc. In the article, they talk about a study that was conducted using members of book clubs. These participants meet on a regular basis to discuss works of fiction. The participants are given the book Jarrettsville to read. They chose this book because draws the reader â€Å"into issues related to gender and race, and they are embedded into groups that are markedly homophilous and undifferentiated on dimensions of education, income, and race† (Childress and Friedkin 2012:48). TheyShow MoreRelatedModels of Communication7544 Words   |  31 PagesCommunication (New York: McGraw-Hill Book Co., 1972), Chapter 2, â€Å"Communication Models.† A.  Ã‚  Ã‚   What is a Model? 1.  Ã‚  Ã‚  Ã‚   Mortensen: â€Å"In the broadest sense, a model is a systematic representation of an object or event in idealized and abstract form. Models are somewhat arbitrary by their nature. 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The Review By Rodrigo Perez Of Quentin Terentino s Django...

The review written by Rodrigo Perez of Quentin Terentino’s Django Unchained, is excellent and very well written. However, the review makes a mockery of one of Terentino’s best films. Quentin Terentino is a popular film maker. He has made films including: Pulp Fiction, Django Unchained, Hateful 8, Kill Bill, Reservoir Dogs, and many more. Django Unchained is about a slave named Django who is purchased by bounty hunter, Dr. Shultz. Dr. Shultz takes Django under his wing to help him along the way. In return for Django’s help, Dr. Shultz will help him find his wife, Broomhilda, who is working as a servant at the ‘Candieland’ plantation in Mississippi. To purchase Broomhilda, Django and Dr. Shultz pretend they are interested in Mandingo fighting. They tell Mr. Calvin Candie, owner of ‘Candieland’ that they want to purchase one his best fighters which gets him interested in working business with them. Their plan is to travel to Mississippi and get Broomhilda as well. Right as the purchase is about to happen, Dr. Shultz gets greedy and everything goes awry. This three hour comedic drama pulls the audience in with gruesome battle scenes and its well timed humor. â€Å"Django Unchained† was produced well and is one of Terentino’s best. Not everyone agrees with this though. For example, there are many reviews written that find the movie boring and pointless. The review of Django Unchained by Rodrigo Perez is a harsh review to a film that is an exemplary example of the work by Quentin

Baroque Music Free Essays

According to Craig Wright, â€Å"â€Å"baroque† is the term used to describe the art, architecture, dance and music of the period 1600 to 1750 (Wright, 97). † The sound has been described as â€Å"rough, bold [and] instrumental† (Ibid). Originally, the term â€Å"baroque† was pejorative (Ibid). We will write a custom essay sample on Baroque Music or any similar topic only for you Order Now One of the main traits of baroque art and architecture, that extends itself to the music of the period, is massiveness. Everything in baroque society was larger than life. Grandiose was also a term that was used to define the music of the period. With this grandiosity was also an attention to detail that showed itself in â€Å"vigorous, pulsating rhythms with strong, regular beats and many smaller subdivisions (Ibid). † During the baroque period, there was much development and innovation in the field of music. During this time, three musical forms developed and reached their zenith, the Baroque Opera, Concerto Grosso, and the Cantata. These three forms were best represented by Claudio Monteverdi, Antonio Vivaldi, and Johann Sebastian Bach. The first form that came to innovation was the Baroque Opera. This was best exemplified by the operas of Claudio Monteverdi. One of his operas was The Coronation of Poppea. In it, you hear the swelling melodies and subtle undertones that define baroque music. Though it is one of Monteverdi’s last compositions, many critics view it as one of his best, sowing the seeds for all future Italian opera. Tim Smith of the Baltimore Sun notes that â€Å"[t]his is a pinnacle of early baroque style (Smith, 2009). † Craig Wright states that Monteverdi and other composers of early opera used a particular style to convey heightened passions. It was a â€Å"new, more expressive and flexible style of solo singing for the stage called stile rappresentativo (Wright, 107). † This form allowed the singer to move from one mood to another without alerting the viewer to the subtle changes in mood. This was a key component of baroque music, as one of the key aims of baroque is to create emotion in the listener and to give a sense of grandness to the vocal production. Eventually, â€Å"stile rappresentativo would soon be transformed into two different and contrasting types of vocal writing, recitative and aria (Ibid). † The second form of baroque music that emerged during this time period was concerto grosso. According to the Encyclopedia Britannica, concerto grosso was â€Å"characterized by a contrast between a small group of soloists and the full orchestra (Britannica, 2009). It flourished eventually as secular music for the royal court (Ibid). Britannica says that the typical â€Å"instrumentation†¦was that of the trio sonata (Ibid). † It consisted of two violins, a bass string instrument and a harmonizing instrument like a harpsichord. â€Å"Wind instruments were also common (Ibid). † The number of movements for the concerto varied depending on the composer. Some had three movements, others had four. The fast movements â€Å"often used a ritornello structure, in which a recurrent section, or ritornello, alternates with episodes, or contrasting sections played by soloists (Ibid). † The composer best known for this form was Antonio Vivaldi. Vivaldi’s greatest concertos are the series known as the Four Seasons. More than 150 recordings have been made of the Four Seasons alone. In his works, you can hear the melodies and subtleties that make up baroque music. The final form of music that was developed during this time was the cantata. The cantata was a form first used by the Italians, and was later adopted by Johann Sebastian Bach. Though Bach never called them cantatas, they were considered such due to their structure. According to the Encyclopedia Britannica, Bach rejected calling his works cantatas because that connoted secular music, and if there was something that Bach was not, it was secular. When one listens to Bach’s music, one can hear the massiveness of the sound that is obviously designed for a church and for a multi-voiced orchestra. Under Bach, â€Å"the music of the Baroque reaches its greatest glory (Wright, 127). † He was a great virtuoso on the organ, studying his craft by listening to others and even traveling hundreds of miles just to hear a performance. He was a composer of church music, and later became a court conductor. One of Bach’s greatest known cantatas is a seven-movement work known as Awake, a Voice is Calling. It is a more formalized structure, with movements one, four, and seven being choruses, movements two and five being recitatives and movements three and six aria duets. This piece is a chorale piece, which is a spiritual melody or religious folk song (Ibid). The Baroque period, while a young period in musical history is full of new and innovative developments. The opera, the concerto grasso, and the cantata are all innovative developments in music that show us how our rich musical history developed and changed over the hundreds of years that we have been maintaining our musical heritage. We need to embrace and encourage our musical growth and musical challenges so we may continue to grow as a culture and as a society. Works Cited â€Å"Cantata. † Encyclopedia Britannica. 2009. Encyclopedia Britannica. Web. 18 Apr 2009. http://www. britannica. com/EBchecked/topic/93023/cantata. â€Å"Concerto Grosso. † Encyclopedia Britannica. 2009. Encyclopedia Britannica. Web. 18 Apr 2009. http://www. britannica. com/EBchecked/topic/131094/concerto-grosso. Smith, Tim. â€Å"Opera Vivente tackles timeless ‘Coronation of Poppea’. † Baltimore Sun 09 Mar 2009 Web. 18 Apr 2009. http://weblogs. baltimoresun. com/entertainment/classicalmusic/2009/03/opera_vi vente_tackles_timeless. html. Wright, Craig. Listening to Music. Second Edition. St. Paul: West Publishing, 1996. Print. Josquin Desprez was a giant of Renaissance music. According to Craig Wright, he was the greatest composer of the Renaissance or any age. He was born on the border between modern France and Belgium and died in the same region. He was attracted to Italy for the same reason many other composers were attracted to the region—professional and monetary gain (Wright, 86). He worked consistently as a singer at the cathedral of Milan, the chapel of a cardinal in Rome, the Sistine Chapel of the pope, and in the chapel of the Duke of Ferrara. According to Wright, he â€Å"possessed a temperamental, egotistical spirit typical of many artists of the Renaissance: He composed only when he, not his patron wished; he demanded a salary twice that of composers only slightly less gifted; and he would break into a rage when singers tried to tamper with the notes he had written (86). † One patron threatened to throw him in prison if he did not stop composing for outside clients, yet he was recognized for his genius. He was praised by contemporary humanists of the time, and he was a favorite of Martin Luther, who said in essence, that Josquin mastered the notes; the notes did not master him (Ibid). â€Å"Josquin wrote more than twenty settings of the Ordinary of the Mass and a large number of French chansons (Ibid). † According to Wright, he especially excelled in a form called the motet. A motet is a composition written for a choir, setting a Latin text on a sacred subject. It was intended to be sung in a church or chapel or at home in a private devotion. Most were sung a capella, which literally means â€Å"in the chapel (Ibid). † This means that they were performed by voice alone, without any instrumentals. Instruments other than the organ were not allowed in churches during the Renaissance (Ibid). This clean, a capella sound accounted for the â€Å"often serene quality of the sound of Renaissance sacred music (Ibid). † Wright states that the Renaissance is often called â€Å"the golden age of a capella singing (Ibid). † It is in this setting that Josquin wrote Mille Regretz, a beautiful a capella piece that brings male and female voices together in harmony. The male and female voices play off each other, pulling the listener into the music and the gentle harmonies that are displayed. Josquin’s talent is evident, as the music has clean lines and tones, and the notes are precise and well-toned to blend together flawlessly. The first voices you hear are the male and female voices in harmony, and then it seems as if the female voice takes over, but there is a subtle bass to the tones, then the men dominate the piece while the women play a supporting role. Next the men and women are in harmony together, blending and rising their voices in a slightly mournful tune reminiscent of the Ave Maria. This piece speaks very well to the time period in which it was written. Mille Regretz means â€Å"A Thousand Regrets† in Italian, and it would seem as though this religious piece plays to the penance one would have to pay for their sins. There is a great emphasis placed on the polyphonic nature of the tones, and the multitonalism that results from the blending of the voices; all characteristic of Renaissance religious music. This piece probably represents Josquin at his height, as a power player in the courts and chapels of Italy. Listening to this piece, there is no reason to doubt his standing as one of the premier composers of his day, and this piece attests to it. This has the a capella quality that was desirous in Renaissance music, and there are few voices involved, which means that it was most likely meant for a small chapel and not for a grand cathedral. Josquin accomplished his goal of creating peaceful, religious music that soothes the soul and easily defined the time period in which it was popular. Then there is the quality of imitation involved. Josquin used this technique often. Imitation is a process â€Å"whereby one or more voices duplicate in turn the notes of a melody (Ibid). † You can clearly hear the imitation by the male and female voices as they move through the piece. In Josquin’s imitative writing, all the voices have a chance to equally present the melodic material and all are of equal importance (Ibid). You can also clearly hear the â€Å"point-counterpoint† pattern in the singing that is common when the voices are working together to compliment each other. The sound produced would, on paper, appear to be discordant, but is far from such, as the â€Å"point-counterpoint† creates a harmony that belies what is placed on the paper. The voices work smoothly together to create a cohesive whole, so the piece comes together as a masterwork. Josquin’s work was a sublime effort despite his temperamental soul. Though he may have been tormented by having to achieve perfection, his works show he did just that. We can look at his music and clearly see the liturgical future that music took. He was a pioneer in sacred music, and his contributions must continue to be appreciated for how it speaks to us and our musical future. Works Cited Wright, Craig. Listening to Music. Second Edition. St. Paul: West Publishing, 1996. Print. How to cite Baroque Music, Papers

International Trade Law for Vienna Convention- myassignmenthelp.com

Question: Discuss about theInternational Trade Law for Vienna Convention. Answer: Facts In the Scenario, Cherry Cherries PL enters a contract for sale with fresh fruit importers who are based in Singapore. The contract provides that the goods will be shipped, and they will arrive in Singapore in less than two weeks. The cherries are loaded to the Keraisa by 30th of November. But keraisa agreed to ship mangoes for another company, who arrive late and it takes time to clear at the port. They hope to arrive at Singapore port by 15th of December and set sail on 3rd of December. One of the refrigeration units is powered off when the generators are blown by the storm. The main generators have been efficient, that no one has ever bothered to fix the backup generators. The keraisa finally limps the port of Singapore in the 19th of December with a quarter of the cherries having not been refrigerated for our days. They are below premium quality but still edible. It takes three days to clear at the port in Singapore; hence the cherries are not available until the 22nd of December. CCPL considers delay to be FFIL's fault for not making proper arrangement with the customs clearance. The Vienna convention International Sale of Goods Act 198 application in the contract for sale and Carriage. The Vienna Convention on International Sale of Goods 1980 In Article 1 of the convention provides the scope as parties contracting from different states. The convention applies to sale of goods contracts. The convention excludes sales services or sales to consumers'. The convention applies to contracts concluded after offer and acceptance. Just like the above agreement, both parties reach an agreement for sale[1]. Article 6 (1)[2] asserts that risk passes to the buyer when they take control of the goods[3] or when they take possession of the goods. In the above scenario, the risk is passed when the goods are loaded to the Keraisa on 30th of November. The first risk passes as soon as the commodities are accepted. In a situation where the buyer does not take delivery on the accepted date but goods were delivered, risk passes to the buyer[4]. In the scenario above, as much as the goods are not shipped immediately due to the delays due to the mangoes' shipment, the risk already passed. Similarly, when the goods arrive at the port, the risk further passes to FFIL, because they were responsible for ensuring clearance was made as early as possible. FFIL did not make such arrangements, and delays further occurred. 6 (2) [5]provides that risk is passed when its time for delivery. Most of the time risk passes when goods are the buyer's possession, in this case, FFIL. In the above scenario, CCPL wants to recover the $75000 it has lost from either of the parties. This loss can be attributed to the spoilt cherries. We see negligence largely on the part of the FAEE, one for delaying the shipment to 3rd of December and for not ensuring their refrigeration was properly maintained. The risk Passes to them when they take possession of the goods, and they do not take due diligence to ensure the cherries are not spoilt. of the shipment is rejected by FFIL because they were not of premium quality. The shipment arrives with the quarter already spoilt, which is not FFIL's fault but rather spoilt due to lack of refrigeration for four days. FAEE could be solely liable for the damages if the rejected is due to lack of refrigeration. However, if CCPL proves that the three-day delay affected the cherries, they FFIL can be liable to pay to the extent of their contribution to the negligence. However, from the facts, we can see that FAEE are mostly negligent, and they are the ones who should be held liable for damages, for the 3day delay and not properly maintaining the necessary pieces of equipment to ensure proper storage on transit. FAEE should be held liable. CIF Incoterms 2010 on the responsibilities of the parties The CIF Incoterms require that the seller covers their freight by insuring it by at least 110%[6]. The CIF covers the risk, pricing and leveraging responsibility in the agreement. CIF is also used in sea freight which is not in a container. The Incoterms require that the seller delivers the good to the vessel and covers the risks during carriage. Such risks include losses or damages. The buyer's responsibility is to import and export clearance[7]. Based on the CIF Incoterms responsibilities, the risks passed on during shipment will be covered by the insurance company; however, because the buyer is not diligent on clearance FFIL could be liable for damages. If the spoiling of the cherries is attributed to the process of shipment, the risk will be covered by the insurance hence the insurance might pay for the $75000. What role do the Amended Hague Rules (as per COGSA 1991 (Cth) Australia) have the problem? The Hague rules apply to this contract because it applies to contracts of carriage by sea. It applies to contracts from any part of Australia to other parts of Australia. It applies only to carriages covered under the bill lading according to Article 1 (b)[8]. The bill of lading is evidence that the shipper received the goods. Article 3 (1) of the Act requires that the shipper exercises due diligence to ensure that the ship is seaworthy and appropriately eqquiped. The shipper is also required to cool chambers and where goods are carried is properly maintained and suitable for carriage. The carrier on part 2 of the article is required to properly load and discharge the goods. Article 3 (8) [9]provides that agreements' made to discharge the carrier from liability due to negligent is null and void. The section further provides that if there is insurance which benefits the carrier, shall relieve the carrier from liability. If damage or loss is cause sea unworthiness, the carrier or the s hip should not be held liable according to Article 4. With the Hague rules, ignoring the insurance, the carriers are liable due to negligence[10]. Despite the fact that the failure of a refrigerator was caused by the storm which affected the generator, they still did not take adequate steps to ensure refrigerators were working. They did not properly maintain the spare generator to ensure that incase of failure the other one is used. They did not exhaust their resources to ensure that all parts of the carriage were safe and fit for carriage of goods. Therefore, in the absence of insurance claims, the Carriers are liable for the losses incurred when of the cherries are spoilt. How the parties can resolve the dispute When the Vienna convention is applied, the aggrieved party in this case due to a fundamental breach can seek specific damages for the 75,000 from FFIL and FAEE in proportions to their contribution to the losses. When CIF Incoterms are used to distribute costs, then CCPL can claim damages for risk from the insurer for the $75, 000. However, when the Hague rules are applied in absence of the insurance, the carriers will be liable to pay for th $75,000. This is because ethe hagure rules hold the carriers liable for negligence[11]. Bibliography Articles/Books/Reports Bianca, Cesare Massimo, Michael Joachim Bonell, and J. Barrera Graf.Commentary on the International Sales Law: The 1980 Vienna Sales Convention. Giuffr, 1987. Burnett, Robin, and Vivienne Bath.Law of international business in Australasia. Federation Press, 2009. Fawcett, James, Jonathan Harris, and Michael Bridge. "International sale of goods in the conflict of laws."OUP Catalogue(2005). Gillies, Peter, and Gabril Moens.International Trade Business Law Policy. Routledge, 1998. John Livermore.Transport law in Australia. Kluwer Law International, 2011. Malbon, Justin, and Bernard Bishop.Australian Export. Cambridge University Press, 2014. Yancey, Benjamin W. "Carriage of Goods: Hague, Cogsa, Visby, and Hamburg."Tul. L. Rev.57 (1982): 1238. Legislation Carriage of Goods by Sea Act 1991, Amended Hague Rules (as per COGSA 1991) Treaties The Vienna Convention on The International Sale of Goods, opened for signature on 11 of April 1980, (entered into force on 1 January 1988). Other Cost Insurance and Freight (CIF) incoterms 2010.